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ARTICLE · 07 AUGUST 2024

FTC Issues Guides For Made In USA Claims

Global Advertising Lawyers Alliance (GALA)
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n early July the Staff of the Federal Trade Commission (FTC) issued new guidance on how to approach Made in USA claims.

United StatesMedia, Telecoms, IT, Entertainment

In early July the Staff of the Federal Trade Commission (FTC) issued new guidance on how to approach Made in USA claims. The agency says the new guidance will help businesses comply with its "all or virtually all" standard, including how to make disclosures qualifying a Made in USA claim. The new guidance is "Staff's" view, which means it is not formally approved by the commissioners.

Under an Enforcement Policy Statement issued in 1997, the FTC stated that to make a Made in USA claim, "all or virtually all" of a product had to be made in the USA. In 2021, the FTC finalized the Made in USA Labeling Rule, which codified the "all or virtually all" standard for labels on products. Under the labeling rule, regardless of industry or type of product, marketers are now subject to civil penalties if they improperly use an unqualified Made in USA claim on the product label.

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